Bush administration

With the election of Barack Obama, our nation's long, dark environmental night appears to be ending. By all early indications an era of opportunity will replace eight years of opposition in which Earthjustice was forced to play a mostly defensive role.

This is the moment we've been waiting for, and with your continued support, we are set to pursue ambitious goals on behalf of the environment.

We speak of the current band of varlets and scoundrels just ending their eight-year reign of terror in our nation's capital. With both presidential candidates lambasting Mr. Bush and his henchmen daily, the lame ducks are hell-bent on wreaking as much havoc as they can in these last not-quite-three-months of their joyride.

So the fate of the Roadless Rule is now in the hands of three judges of the Ninth Circuit Court of Appeals, at least its immediate fate, following a hearing this week in San Francisco.

The Forest Service, represented by the Justice Department, wants the three judges to overturn a Sept. 2006 decision that found the rule the Bush administration cooked up to replace the original rule illegal.

The late Dan Luten was sneakily brilliant, somewhat iconoclastic, and possibly a maverick had that word not been so debased lately. In his fifties, he left a job as a chemist with Shell Oil to teach geography at Cal and became deeply involved in conservation. He served on the board of Friends of the Earth, which is how I got to know him pretty well.

One bon mot he tossed off that stuck with me was, "The country does not exist to serve its economy."

A few weeks ago we wrote of a former Earthjustic law clerk, Jamie Saul, who was blackballed out of a job at the Department of Justice because he favored vigorous enforcement of environmental laws. Maybe blackballed is the wrong word—he applied for a job and didn't get it for reasons that were certainly improper and possibly illegal.

The DoJ looked into such hiring practices in the wake over the scandal over the firing of several U.S. attorneys for what sure look like political reasons. Turns out politics infected decisions involving more than U.S. attorneys.

Bill Neukom is a seasoned attorney in a prominent Seattle firm. He served as Microsoft's general counsel and for the past year has been the President of the American Bar Association. His main project at the ABA is engaging leading lawyers, judges, politicians, and others around the world to promote the rule of law. He leads the World Justice Project and has developed the Rule of Law Index, measuring the strength of legal protections and the degree of corruption in the world's legal systems. Strengthening environmental law is one of the goals of this effort.

To the surprise of absolutely no one, Judge Clarence Brimmer of the federal district court in Wyoming last week declared illegal the Roadless Area Conservation Rule, adopted in the waning hours of the Clinton administration. The judge had blocked the rule five years ago, but a ruling from a federal judge in California two years ago had blocked a substitute rule put forward by the Bush administration and reinstated the Clinton rule.

Brimmer's 100-page ruling heaped scorn on both President Clinton and Judge Elizabeth Laporte, the San Francisco judge who reinstated the Clinton rule.

Jamie Saul is a young lawyer, a graduate of Lewis and Clark Law School in Portland and one-time law clerk in the Seattle office of Earthjustice. As he entered his third year of law school, he applied for a position in the Department of Justice in order, as his application said, to "serve as part of the team charged with enforcing the world's most comprehensive environmental laws, and with defending the crucial work of our environmental and resource management agencies," a thoroughly noble sentiment for a lawyer at the beginning of his career.

About Earthjustice

Earthjustice is the premier nonprofit environmental law organization. We wield the power of law and the strength of partnership to protect people’s health, to preserve magnificent places and wildlife, to advance clean energy, and to combat climate change. We are here because the earth needs a good lawyer.